Citation NR: 9730260
Decision Date: 08/29/97 Archive Date: 09/05/97
DOCKET NO. 95-34 169 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in New
Orleans, Louisiana
THE ISSUES
1. Entitlement to service connection for the cause of the
veteran’s death.
2. Entitlement to dependency and indemnity compensation
benefits under the provisions of 38 U.S.C.A. § 1318.
REPRESENTATION
Appellant represented by: Disabled American Veterans
WITNESS AT HEARING ON APPEAL
Appellant
ATTORNEY FOR THE BOARD
M. Hannan, Associate Counsel
INTRODUCTION
The veteran, who had active service from June 1959 to June
1962, died in March 1993. The appellant is the veteran’s
widow. This matter comes before the Board of Veterans'
Appeals (Board) on appeal from a May 1993 rating decision of
the Department of Veterans Affairs (VA) Regional Office (RO)
in New Orleans, Louisiana, which denied entitlement to
service connection for the cause of the veteran's death as
well as entitlement to dependency and indemnity compensation
(DIC) benefits under the provisions of 38 U.S.C.A. § 1318.
REMAND
On her substantive appeal, the appellant indicated a desire
for a Travel Board hearing before a Member of the Board at
the RO. She was afforded a hearing before a Hearing Officer,
but the Travel Board hearing was not scheduled. Pursuant to
administrative action taken by the Board, it has been
indicated that the appellant still desires a Travel Board
hearing. As such, such hearing should be scheduled.
In view of the foregoing, this case is REMANDED for the
following action:
The RO should schedule the appellant for
a Travel Board hearing before a Member of
the Board in accordance with applicable
procedures.
Thereafter, the case should be returned to the Board in
accordance with appropriate procedures. No action is
required of the appellant until she is notified. No outcome
is intimated by the action requested above.
This claim must be afforded expeditious treatment by the RO.
The law requires that all claims that are remanded by the
Board of Veterans’ Appeals or by the United States Court of
Veterans Appeals for additional development or other
appropriate action must be handled in an expeditious manner.
See The Veterans’ Benefits Improvements Act of 1994, Pub. L.
No. 103-446, § 302, 108 Stat. 4645, 4658 (1994), 38 U.S.C.A.
§ 5101 (West Supp. 1997) (Historical and Statutory Notes).
In addition, VBA’s ADJUDICATION PROCEDURE MANUAL, M21-1, Part
IV, directs the ROs to provide expeditious handling of all
cases that have been remanded by the Board and the Court.
See M21-1, Part IV, paras. 8.44-8.45 and 38.02-38.03.
MICHAEL D. LYON
Member, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This remand is in the nature of a
preliminary order and does not constitute a decision of the
Board on the merits of your appeal. 38 C.F.R. § 20.1100(b)
(1996).
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